Patterson v. Nickerson

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 3, 2005
• Docket: 04-7686
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7686

EUGENE P. PATTERSON

Plaintiff - Appellant,

versus

NICKERSON; DICK CHASSE; JOSEPH M. BROOKS; R. M. WHITE; HARRELL WATTS; TOM BURKETT; RICHARD L. KEISTER; SUSAN GOLDY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CA-03-583-2)

Submitted: April 28, 2005 Decided: May 3, 2005

Before WILLIAMS, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eugene P. Patterson, Appellant Pro Se. Virginia Lynn Van Valkenburg, Assistant United States Attorney, Norfolk, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Eugene P. Patterson appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2000) complaint without prejudice

for failure to exhaust administrative remedies. The district court

properly required exhaustion of administrative remedies under 42

U.S.C. § 1997e(a) (2000). Because Patterson did not demonstrate to

the district court that he had exhausted administrative remedies or

that such remedies were not available, the court’s dismissal of the

action, without prejudice, was not an abuse of discretion.

Accordingly, we affirm the district court’s order. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

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